Freedom To Profess & Practice Religion Can’t Be Taken Away By Passing Blanket Order: Himachal Pradesh High Court

The Himachal Pradesh High Court held that the freedom to profess, practice, and propagate religion cannot be taken away by passing a blanket order.

The Court held thus in a Writ Petition seeking direction to the State authorities to enforce the 2020 Order issued by the SDM (Sub-Divisional Magistrate) and to implement the written agreement by taking all necessary measures to ensure that the Diwali festival is celebrated village-wise, as per the agreed terms.

A Single Bench of Justice Sandeep Sharma observed, “No doubt having carefully perused provisions contained under Articles 25 and 26 of the Constitution of India as well as law laid down by Hon’ble Apex Court as detailed herein, State is well within its rights to regulate or restrict any religious activity which may cause disruption of public order, morality and health, but certainly freedom to profess, practice and propagate religion and to manage its own affairs in matters of religion as provided under Articles 25 and 26 of the Constitution of India cannot be taken away by passing blanket order, thereby restraining residents of the Gram Panchayats Dhar Chandna and Bawat from entering the temple premises on the eve of Diwali, rather State authorities, while protecting right to profess, practice and propagate religion as enshrined under Articles 25 and 26 of the Constitution of India.”

The Bench said that the limitation imposed in the interests of public order to be a reasonable restriction, should be one which has a proximate connection or nexus with public order, but not one far-fetched, hypothetical or problematical or too remote in the chain of its relation with the public order.

Senior Advocates N.S. Chandel, Ankush Dass Sood, Advocates Ajay Sipahiya, and Yashveer Singh Rathore appeared for the Petitioners, while Senior Advocate Shrawan Dogra and Advocate General Anup Rattan appeared for the Respondents.

Brief Facts

Since times immemorial, the festivals of Bishu, Budhi Diwali and Poornima, having profound significance in the cultural tapestry of the area, were being celebrated in the courtyard of Mahasu Devta temple, situated in Gram Panchayat Gaunkhar, symbolizing unity and communal harmony. However, few years back festival of Budhi Diwali, which is usually celebrated after 20 days of Diwali, was discontinued and residents of Gram Panchayats Dhar Chandna and Bawat started celebrating ‘Nayi Diwali’, a three-day festival. The celebrations on the eve of ‘Nayi Diwali’ also take place in the courtyard of Mahasu Devta Temple, situate in Village Gaunkhar, where residents gather to engage in spirited dance and melodious songs in local language. However, with the passage of time, this holy function became a source of discord for the residents of village.

The Petitioners alleged that some residents of Gram Panchayats Dhar Chandna and Bawat, who used to visit the Mahasu Devta Temple to pay their obeisance, started behaving irresponsibly and engaging in illegal activities. This unwanted intrusion of anti-social elements in the village of Petitioners allegedly led to frequent disturbances and instilled a constant fear of violent altercations during Diwali in Village Gaunkhar. Hence, a complaint was filed and the SDM conducted an inquiry. The allegations of the Petitioners were found to be correct and the SDM restrained the inhabitants of Village Dhar Chandna from entering Village Gaunkhar for Diwali celebrations. Collective decision taken by the residents of villages led to discontinuation of Diwali celebrations at Village Gaunkhar from the year 2021. Thereafter, a written agreement was signed by all parties to celebrate Diwali separately. Despite this, in 2023, large processions from Dhar Chandna violated the agreement, leading to altercations and police complaints. The High Court initially upheld the SDM’s Order against which Review Petition was filed and hence, the case was reopened.

Court’s Observations

The High Court in view of the above facts, noted, “Though having carefully perused aforesaid provision, this Court also cannot lose sight of the fact that the freedom of conscience and free profession, practice and propagate religion as enshrined under Articles 25 and 26 of the Constitution of India is subject to public order, morality and health and to other provisions of this part, but question which needs consideration is that to what extent rights as enshrined under Articles 25 and 26 of the Constitution of India can be restricted/ permanently take away in the name of public order, morality and health. As per aforesaid provisions, though residents of the area concerned have right to profess, practice and propagate religion and manage its own affairs in matter of religion, but while doing so, they cannot be permitted to cause disruption of public order.”

The Court remarked that it is true that there are allegations of disruption of public order by some of anti-social elements on the eve of Diwali in the year 2019 and 2023, but such illegal act, if any, on the part of handful people cannot be ground to take away the right of freedom, profess, practice and propagate religion of public at large i.e. Gram Panchayats Dhar Chandna and Bawat.

“If the cross FIRs, which came to be filed after alleged incident in the year 2019 and 2023, are seen, it clearly reveals that few people under the influence of liquor indulged in illegal activities and allegedly hurled abuses. Appropriate action in accordance with law already stands initiated against such persons”, it added.

The Court was of the view that Diwali was being celebrated jointly by the villagers of concerned villages since long and it is only on account of some stray incidents of disruption of public order that matter has reached authorities and thereafter Court, restraining villagers of one village from entering another village and stopping them from worshipping their deity, would not solve any problem, rather, would complicate the issue, making situation worse.

“This Court is of the definite view that ultimate decision with regard continuation of Diwali celebration in the courtyard of Mahasu Devta temple can only be taken by the residents of the area, after sitting together and order passed by Sub Divisional Magistrate would come in the way of peaceful and permanent resolution of the dispute”, it further said.

Court’s Directions

The Court, therefore, issued the following directions –

• Large congregation in the temple premises would be avoided;

• No person under the influence of liquor or other intoxicants shall not permitted to enter temple premises including courtyard, any violation there shall invite penal and contempt proceedings;

• Residents of Gram Panchayats Dhar Chandna and Bawat would ensure that no nuisance is caused to the residents of Village Gaunkhar, while performing religious dance and performing songs;

• Police shall be free to take action against any miscreant, especially those under the influence of liquor or any other intoxicant;

Accordingly, the High Court disposed of the Writ Petition and issued necessary directions.

Cause Title- Padam Sharma & Ors. v. State of Himachal Pradesh & Ors. (Neutral Citation: 2025:HHC:35445)

Appearance:

Petitioners: Senior Advocates Ankush Dass Sood, N.S. Chandel, Advocates Ajay Sipahiya, Yashveer Singh Rathore, and Prashant Sharma.

Respondents: Senior Advocate Shrawan Dogra, Advocate General Anup Rattan, Additional Advocates General Rajan Kahol, Vishal Panwar, Deputy Advocate General Ravi Chauhan, Advocates Bharat Thakur, Tejsavi Dogra, Bhanvi Negi, Ashir Kaith, and Ankit Kaloti.

Click here to read/download the Judgment